REPATRIATION MEDICAL AUTHORITY
INSTRUMENT NO. 117 of 2011
VETERANS’ ENTITLEMENTS ACT 1986
MILITARY REHABILITATION AND COMPENSATION ACT 2004
EXPLANATORY NOTES FOR TABLING
- The Repatriation Medical Authority (the Authority) has determined, under subsection 196B(3) of the Veterans’ Entitlements Act 1986 (the VEA), Statement of Principles Instrument No. 117 of 2011 concerning spinal adhesive arachnoiditis and death from spinal adhesive arachnoiditis.
2. The Authority is of the view that on the sound medical-scientific evidence available it is more probable than not that spinal adhesive arachnoiditis and death from spinal adhesive arachnoiditis can be related to particular kinds of service. The Authority has therefore determined this Statement of Principles concerning spinal adhesive arachnoiditis pursuant to subsection 196B(3) of the VEA.
3. Pursuant to the provisions of the VEA and the Military Rehabilitation and Compensation Act 2004 (the MRCA), claims for pension under the VEA or compensation under the MRCA are determined by the Repatriation Commission or the Military Rehabilitation and Compensation Commission by reference to Statements of Principles issued by the Authority pursuant to the VEA.
4. The Statement of Principles sets out the factors that must exist, and which of those factors must be related to the following kinds of service rendered by a person:
eligible war service (other than operational service) under the VEA;
defence service (other than hazardous service) under the VEA;
peacetime service under the MRCA,
before it can be said that, on the balance of probabilities, spinal adhesive arachnoiditis or death from spinal adhesive arachnoiditis is connected with the circumstances of that service.
5. The Repatriation Commission, Military Rehabilitation and Compensation Commission, Veterans’ Review Board or Administrative Appeals Tribunal cannot accept any claim for pension; or a claim for liability or compensation relating to spinal adhesive arachnoiditis or death from spinal adhesive arachnoiditis that was lodged on or after 1 June 1994 in the case of the VEA, or 1 July 2004 in the case of the MRCA respectively, unless this Statement of Principles upholds that claim (subsection 120B(3) of the VEA or subsection 339(3) of the MRCA).
6. This new Instrument results from an investigation notified by the Authority in the Government Notices Gazette of 30 June 2010 concerning arachnoiditis in accordance with section 196G of the VEA. The investigation involved an examination of the sound medical-scientific evidence available to the Authority.
7. Prior to determining this Instrument, the Authority advertised its intention to undertake an investigation in relation to arachnoiditis in the Government Notices Gazette of 30 June 2010, and circulated a copy of the notice of intention to investigate to a wide range of organisations representing veterans, service personnel and their dependants. The Authority invited submissions from the Repatriation Commission, organisations and persons referred to in section 196E of the VEA, and any person having expertise in the field. One submission was received for consideration by the Authority during the investigation.
8. The determining of this new Instrument finalises the investigation in relation to arachnoiditis as advertised in the Government Notices Gazette of 30 June 2010.
9. A list of references relating to the above condition is available to any person or organisation referred to in subsection 196E(1)(a) to (c) of the VEA. Any such request must be made in writing to the Repatriation Medical Authority at the following address:
The Registrar
Repatriation Medical Authority Secretariat
GPO Box 1014
BRISBANE QLD 4001
Overview
The Repatriation Medical Authority Instrument No. 117 of 2011, issued under the Veterans’ Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004, establishes a Statement of Principles concerning spinal adhesive arachnoiditis and death from spinal adhesive arachnoiditis. This legislative instrument aims to address the problem of determining the connection between certain military services and the development of spinal adhesive arachnoiditis, thereby ensuring that veterans and service personnel can seek appropriate compensation and pension entitlements. The instrument was enacted to provide a clear framework for assessing claims related to this condition, ensuring they are supported by sound medical-scientific evidence. The Repatriation Medical Authority, the body responsible for issuing these statements, finalised this investigation through an examination of available evidence and consultation with relevant organisations and experts.
Scope and Application
The Veterans' Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004 apply to veterans and service personnel who seek a pension or compensation for injuries or diseases connected to their service. The Repatriation Medical Authority, under these Acts, has issued Statement of Principles Instrument No. 117 of 2011, which pertains specifically to spinal adhesive arachnoiditis and death from this condition. This Statement of Principles outlines the medical conditions and service-related factors that must exist for a claim to be upheld, thereby guiding the Repatriation Commission and Military Rehabilitation and Compensation Commission in their assessments. This legislation applies nationally across Australia, impacting all veterans and service personnel who might be eligible for benefits under these Acts. The new Instrument restricts claims for spinal adhesive arachnoiditis or death from this condition to those lodged after the specified dates, and it relies on the available sound medical-scientific evidence to determine eligibility.
Key Provisions
The main operative sections of the legislation, specifically Statement of Principles Instrument No. 117 of 2011 concerning spinal adhesive arachnoiditis and death from spinal adhesive arachnoiditis, are established under subsection 196B(3) of the Veterans’ Entitlements Act 1986 (VEA) and the Military Rehabilitation and Compensation Act 2004 (MRCA). This Statement of Principles outlines the criteria for determining whether spinal adhesive arachnoiditis or death from this condition is connected to particular kinds of military service. The factors that must exist and be related to specific service categories, including eligible war service, defence service, and peacetime service, are detailed in the Statement of Principles. Any claims for pension or compensation related to spinal adhesive arachnoiditis or death from this condition must adhere to these criteria.
The obligations imposed by the Act require the Repatriation Commission, Military Rehabilitation and Compensation Commission, Veterans’ Review Board, or Administrative Appeals Tribunal to uphold this Statement of Principles when assessing claims. Claims for pension under the VEA or compensation under the MRCA that are lodged after 1 June 1994 for the VEA and 1 July 2004 for the MRCA cannot be accepted unless they meet the criteria set out in the Statement of Principles. This ensures that all claims are evaluated based on the medical-scientific evidence and the specific service-related factors outlined in the Statement.
Failure to comply with the provisions of the Statement of Principles can result in claims for pension or compensation being rejected. There are no explicit penalties or civil/criminal consequences stated in the explanatory notes for breaching the Statement of Principles; however, non-compliance would lead to the denial of benefits for which the claim was made. The implications of such denials are significant for claimants, potentially affecting their eligibility for pensions or compensations related to service-connected conditions.